[Massplanners] Abandonment/Self-Revoking a Special Permit

[Michael Slagle]

Good afternoon planners,

The Stow Zoning Board of Appeals has a strange scenario where a property owner does not want to act on their Special Permit and would like to abandon/self-revoke it (not sure what the right phrasing would be).

In late 2023, a property owner operated a dance studio business that offered dance lessons to individuals/couples; the lessons were taught in the property owner's home. The Stow Building Commissioner determined that offering dance lessons to individuals/couples at the property owner's home would be considered a home-based business, allowed by right under the Town's Zoning Bylaw. In 2024, the property owner wanted to offer group dance lessons (more than 2 students per lesson) and to convert the existing barn on the property into a dance studio building. The Commissioner determined that group lessons fall under the use of "Dance Studio" which is allowed by Special Permit through the Zoning Board of Appeals. After several months, a Special Permit was granted with several conditions. The Special Permit was then recorded with the Registry of Deeds.

The property owner requested to remove conditions of his Special Permit at the ZBA's last meeting. However, the ZBA determined that the requests would require a Public Hearing. The property owner does not want to have a Public Hearing (as there is hostility between the property owner and abutters) and would instead like to revert back to being a home-based business, essentially abandoning/not acting on the Special Permit.

Is there a process for abandoning a Special Permit? Would the property owner need to ask for the Special Permit to be revoked? Besides enforcement, are there any other challenges that this could unintentionally create?

The Special Permit process has been unlike anything the Town has ever seen before, so I am hoping that there can be some closure to whole process. Any and all advice is appreciated.

Thanks,
Michael

Michael Slagle
Land Use Planner/GIS Administrator
380 Great Road
Stow, MA 01775
O: 978-897-5098
www.Stow-MA.gov<http://www.stow-ma.gov/>
Hours: Mon-Thu 8am-5pm

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